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Published bySherilyn Horton Modified over 9 years ago
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The Framers Choose Federalism When the Framers of the Constitution met in Philadelphia in 1787, most of them did not want to create a strong central government. At the same time, they also knew that the government established under the Articles of Confederation had proved too weak to deal with the new nation’s problems and issues. The Framers believed: 1.Too much governmental power threatens individual freedoms. 2.Government power must be limited and regulated. 3.Dividing the power between the national government and local governments (Federalism) will prevent the national government from gaining too much power.
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Federalism: The constitution divides the powers of government between a central government (National Government) and several regional governments (State Governments). Each of these levels of government has its own set of powers (exclusive powers). These two levels of government also have a number of powers that they share (concurrent powers). Federalism’s major strength lies in this central fact: It allows local action in matters of local concern and national action in matters of wider concern. Even though Federalism gives states certain powers and allows them to exercise those powers freely, our national government still provides national support when needed. For example, during a natural disaster, or an attack on the nation.
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The States The states are given powers through the 10 th amendment. The 10 th amendment reserves certain powers for the state governments. The states have a number of powers. Here are just a few examples: driving, marriage, smoking, gambling, and crime. Most of what government does in this country today is done by the States, not by the National Government. Powers Denied to the Federal Government and to the States: Just as certain powers are reserved for both the National and State governments, the Constitution denies a number of powers from the National Government and a number of powers from the State governments.
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Powers of the Federal Government: Delegated Powers- Powers that have been granted or given to the National Government in the Constitution. There are 3 types of delegated powers: 1.Expressed Powers- Also called enumerated powers, these powers of the National Government are literally stated in the Constitution (power to tax, coin money, maintain armed forces, etc). 2.Implied Powers- These powers of the National Government are not specifically stated in the Constitution but they are suggested: Article I/Section 8 states that Congress has the power to make all laws which shall be necessary and proper……. 3.Inherent Powers- Powers that have been inherited by the National Government over time. For example, the power to regulate immigration.
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Supreme Law of the Land Sometimes there is conflict or disagreement between the National Government and the State Governments. The Supremacy Clause makes that Constitution the supreme law of the land. This mean that the Constitution ranks above all other forms of law in the United States. The Supreme Court and Federalism The Supreme Court acts as the referee in the Federal system.
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